A. Purpose: The development and execution of this title is based upon the division of the village into districts, within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use of the particular location. Such special uses fall into two (2) categories:
1. Uses publicly operated or traditionally affected with a public interest.
2. Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
B. Initiation: Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this title in the zoning district in which the land is located.
C. Processing:
1. Application For Special Use: An application for a special use shall be filed with the village clerk on a form prescribed by the president and village board. The application shall be accompanied by such plans and/or data recommended by the real estate development board, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth herein for special uses. Copies of such application shall be forwarded by the village clerk to the real estate development board with the request to hold a public hearing.
2. Hearing On Application: Upon receipt in proper form of the application and statement referred to above, the real estate development board shall hold at least one public hearing on the proposed special use. Notice of time and place of such hearing shall be published in a newspaper of general circulation within the village, not more than thirty (30) days or less than fifteen (15) days in advance of such hearing.
3. Notice Of Hearing: Not less than fifteen (15) days prior to the public hearing, the applicant, at the applicant's cost, shall cause to be posted upon the real estate, which will be the subject of such a hearing, a sign bearing the following words:
THIS PROPERTY IS SUBJECT TO A REQUEST WHICH REQUIRES A PUBLIC HEARING. FOR FURTHER INFORMATION CALL THE VILLAGE CLERK AT (708) 448-1181, OR VISIT WWW.VILLAGEOFWORTH.COM. THIS NOTICE IS POSTED PURSUANT TO VILLAGE ORDINANCE.
a. The sign shall be placed in a location calculated to be seen by the largest number of persons possible. The building commissioner shall have sole discretion with regard to such location, and the fact that such notice was not seen by any particular individual shall not be the basis for reversing any decision of the real estate development board with regard to any action taken at the public hearing.
b. The sign shall be of such a size and color and with letters of sufficient size as to be clearly legible from adjacent public rights of way.
D. Decisions:
1. Action By The Real Estate Development Board: No special use permit shall be recommended by the real estate development board unless there is a concurring vote of a majority of all members of the real estate development board, based on findings of fact that:
a. The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
c. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
d. Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
e. Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
f. The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the president and village board pursuant to the recommendations of the real estate development board, or as allowed for planned developments.
g. A planned development also conforms with additional standards and exceptions hereby established. All special uses permits shall be in effect from the date of issuance until such time as the original permittee no longer operates the enterprise which was the subject of the permit. Special use permits are not transferable to another party. When an enterprise operating under a special use permit is sold or otherwise transferred to another party, the new operator must obtain all new permits, including a special use permit, and all licenses required by ordinance.
(1) Use Exceptions: The real estate development board may recommend and the president and village board may authorize that there be in part of the area of a planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located, provided that the real estate development board shall find that:
(A) The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development.
(B) The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.
(C) Not more than twenty percent (20%) of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception.
(D) In a manufacturing planned development, such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located, as set forth in this title.
(E) That the use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.
(2) Bulk Regulations: The real estate development board may recommend, and the president and village board may authorize, exceptions to the applicable bulk regulations of this title within the boundaries of a planned development, provided that the real estate development board shall find that:
(A) Such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development as well as the neighboring property than would be obtained under the bulk regulations of this title for buildings developed on separate lots.
(B) In part of a residential planned development devoted to other than single-family dwelling use, the overall floor area ratio does not exceed the maximum floor area ratio required in the districts where such uses are permitted.
(C) In the part of the planned development containing residential uses, the minimum lot area per dwelling (and when applicable, minimum lot width) may be less than required for permitted uses in the districts in which the planned development is located, provided that there are permanent open spaces, exclusive of streets and thoroughfares of sufficient area within the planned development, to at least maintain the minimum lot area per dwelling required for permitted uses in the district, when applied to the total area, exclusive of area devoted to streets, thoroughfares, and when applicable, business uses, of the planned development.
(D) Spacing between principal buildings, where a transfer of ownership of a part of a planned development is contemplated, shall be at least equivalent to such spacing as would be required between buildings similarly developed under the terms of this title on separate lots.
(E) Along the periphery of such planned developments yards shall be provided as required by the regulations of the district in which said development is located.
2. Action By The President And Village Board:
a. Prior to the granting of any special use, the president and village board shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this chapter. In all cases in which special uses are granted the president and village board shall require such evidence and guarantees as it may deem necessary as proof of the conditions stipulated in connection therewith are being and will be complied with.
b. The president and village board may grant or deny any application for a special use permit after receiving the report of findings and recommendation of the real estate development board, including the stipulations of additional conditions and guarantees, when they are deemed necessary for the protection of the public interest, except in case of written protest against any application for a special use signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across the alley from the property proposed for the special use or by owners of twenty percent (20%) of the frontage directly opposite such property, the president and village board shall not grant the special use except by a favorable vote of two-thirds (2/3) of all members of the village board.
c. No application for a special use which has been denied wholly or in part by the president and village board shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the real estate development board and the president and village board.
d. Any use lawfully existing on the date of adoption of this title and permitted as a special use in the zoning district in which it is located is hereby granted a special use permit to continue that use. (Ord. 2014-07, 2-4-2014; amd. Ord. 2022-10, 3-15-2022)